Book Reviews

The Structure of Property Law

Publisher: Hart Publishing

Author: Ben McFarlane

Price: £28.00

Edition: 1st Edition (July 2008)

ISBN: 978-1-841-13559-5

Buy from Hart Publishing: Click Here

Unlike many other property law texts, The Structure of Property Law looks at two interesting questions: firstly, who is entitled to use property and, secondly, how are they entitled to use it.  These questions are often overlooked by lawyers, both practitioners and academics, with the legal rules and their application often taking priority.  That said, The Structure of Property Law encourages and, indeed, warrants the reader reconsidering this approach.

Written by a leading academic property lawyer, Ben McFarlane, The Structure of Property Law provides a distinctive and engaging account of the role of property and how it is used.  Interestingly, and somewhat uniquely, it considers not only real property but personal property, including the role of torts like conversion and trespass to goods.  This is excellent because these torts are commonly overlooked on undergraduate courses with lecturers feeling they fall between tort and property law modules.

The Structure of Property Law is split into three parts: an introduction considering the basic tensions and structure of property law; applying the basic structure; and specific rights of property law like ownership, trust, security and restrictive covenants.  Each argument is logically made and, at times, extremely persuasive meaning The Structure of Property Law is a thoroughly engaging text.  It is also impressively written and explains both key principles and complex issues in a straight-forward and accessible way.

For anyone interested in property and commercial law, The Structure of Property Law is an engaging and thought-provoking text.  Its aim to consider who is entitled to use property and how they are entitled to use it is achieved with considerable ease.  Its use of practical examples and price means it should be seriously considered by anyone interested in, or practising in, these interesting areas of law.

Reviewed on 7 September 2008

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